A patent is a grant of a property right by the Government to an inventor. The United States Constitution gives Congress the right to provide for patent protection in legislation in order to encourage useful inventions. The patent itself provides a detailed description of the invention, and how it is used or how to make it. Thus, if you obtain a patent you cannot keep the matter secret, which is the province of Trade Secret Law. A patent enables the owner to exclude others from making, using or selling the invention for the life of the patent.
Hennepin County, Minnesota is a vibrant region with a rich history and a thriving business community. If you are considering filing a patent in Hennepin County or have questions about the patent process, this checklist and FAQ will provide you with valuable information. 1. Patent Definition: A patent is a legal document that grants an inventor exclusive rights to their invention. It provides protection against anyone else making, using, selling, or importing the claimed invention without permission. 2. Patent Eligibility: Not all inventions are eligible for patents. To be granted a patent, an invention must be novel, non-obvious, and have a useful purpose. Patent eligibility is determined by the United States Patent and Trademark Office (USPTO). 3. Types of Patents: There are three main types of patents: a. Utility Patents: Utility patents protect new processes, machines, compositions of matter, and manufactured items. They provide 20 years of protection from the date of filing. b. Design Patents: Design patents protect new, original, ornamental designs for manufactured items. They provide 15 years of protection from the date of grant. c. Plant Patents: Plant patents protect distinct and new varieties of plants, including cultivated sports, mutants, hybrids, and discovered unmodified plants. They also provide 20 years of protection from the date of filing. 4. Patent Search: Before filing a patent application, it is advisable to conduct a patent search. This involves searching existing patents and prior art to determine if your invention is novel and non-obvious. The USPTO website provides access to a comprehensive database for conducting this search. 5. Patent Application Process: To file a patent application, you must prepare and submit a detailed description of your invention, including drawings if necessary. Additionally, a filing fee is required. It is highly recommended consulting a patent attorney or agent familiar with the process to ensure accurate filing. 6. Patent Examination: Once a patent application is filed, it undergoes a thorough examination process at the USPTO. This process includes reviewing the novelty and non-obviousness of the invention. The examiner may issue office actions that require a response from the applicant. 7. Patent Grant or Rejection: If the USPTO determines that the invention meets the patent ability criteria, a patent will be granted. However, if the examiner determines the invention lacks novelty or non-obviousness, the patent application will be rejected. Rejections may be objected to, appealed, or amended to address the examiner's concerns. 8. Patent Maintenance: After a patent is granted, it requires maintenance fees to keep it in force. These fees must be paid at regular intervals throughout the patent's lifespan, usually every few years. 9. Patent Infringement: If someone infringes upon your granted patent, it is within your rights to take legal action. You can seek damages and an injunction to prevent further infringement. Consult with a patent attorney for advice on how to enforce your patent. In conclusion, if you are considering filing a patent in Hennepin County, Minnesota, it is crucial to understand the patent process. This checklist and FAQ provide an overview of the patent system, types of patents, and the necessary steps to file and maintain a patent. Remember that seeking guidance from a patent attorney is highly recommended for a successful patent application.Hennepin County, Minnesota is a vibrant region with a rich history and a thriving business community. If you are considering filing a patent in Hennepin County or have questions about the patent process, this checklist and FAQ will provide you with valuable information. 1. Patent Definition: A patent is a legal document that grants an inventor exclusive rights to their invention. It provides protection against anyone else making, using, selling, or importing the claimed invention without permission. 2. Patent Eligibility: Not all inventions are eligible for patents. To be granted a patent, an invention must be novel, non-obvious, and have a useful purpose. Patent eligibility is determined by the United States Patent and Trademark Office (USPTO). 3. Types of Patents: There are three main types of patents: a. Utility Patents: Utility patents protect new processes, machines, compositions of matter, and manufactured items. They provide 20 years of protection from the date of filing. b. Design Patents: Design patents protect new, original, ornamental designs for manufactured items. They provide 15 years of protection from the date of grant. c. Plant Patents: Plant patents protect distinct and new varieties of plants, including cultivated sports, mutants, hybrids, and discovered unmodified plants. They also provide 20 years of protection from the date of filing. 4. Patent Search: Before filing a patent application, it is advisable to conduct a patent search. This involves searching existing patents and prior art to determine if your invention is novel and non-obvious. The USPTO website provides access to a comprehensive database for conducting this search. 5. Patent Application Process: To file a patent application, you must prepare and submit a detailed description of your invention, including drawings if necessary. Additionally, a filing fee is required. It is highly recommended consulting a patent attorney or agent familiar with the process to ensure accurate filing. 6. Patent Examination: Once a patent application is filed, it undergoes a thorough examination process at the USPTO. This process includes reviewing the novelty and non-obviousness of the invention. The examiner may issue office actions that require a response from the applicant. 7. Patent Grant or Rejection: If the USPTO determines that the invention meets the patent ability criteria, a patent will be granted. However, if the examiner determines the invention lacks novelty or non-obviousness, the patent application will be rejected. Rejections may be objected to, appealed, or amended to address the examiner's concerns. 8. Patent Maintenance: After a patent is granted, it requires maintenance fees to keep it in force. These fees must be paid at regular intervals throughout the patent's lifespan, usually every few years. 9. Patent Infringement: If someone infringes upon your granted patent, it is within your rights to take legal action. You can seek damages and an injunction to prevent further infringement. Consult with a patent attorney for advice on how to enforce your patent. In conclusion, if you are considering filing a patent in Hennepin County, Minnesota, it is crucial to understand the patent process. This checklist and FAQ provide an overview of the patent system, types of patents, and the necessary steps to file and maintain a patent. Remember that seeking guidance from a patent attorney is highly recommended for a successful patent application.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
